District Court judge rules against mandatory medical insurance legislation
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The legal battle over President Obama's and the Democrat-controlled Congress' mandatory health insurance legislation appears headed for a Supreme Court showdown.
U.S. District Court Judge Henry Hudson ruled this week that a key provision of the Obama administration's health care law is unconstitutional.
The Associated Press reports that the health care bill "suffered its first major legal setback Monday, Dec. 13 when a federal judge declared that the heart of the sweeping legislation is unconstitutional. The decision handed Republican foes ammunition for their repeal effort next year."
Hudson's decision marked the first successful court challenge to any portion of the new law, following two earlier rulings in its favor by Democratic-appointed judges.
"An individual's personal decision to purchase — or decline to purchase — health insurance from a private provider is beyond the historical reach of the Commerce Clause," said Hudson, a 2002 appointee of President George W. Bush.
U.S. Supreme Court Justice Stephen Breyer has predicted an eventual hearing in the Supreme Court for the health insurance legislation.
The legal battle over President Obama's and the Democrat-controlled Congress' mandatory health insurance legislation appears headed for a Supreme Court showdown.
U.S. District Court Judge Henry Hudson ruled this week that a key provision of the Obama administration's health care law is unconstitutional.
The Associated Press reports that the health care bill "suffered its first major legal setback Monday, Dec. 13 when a federal judge declared that the heart of the sweeping legislation is unconstitutional. The decision handed Republican foes ammunition for their repeal effort next year."
Hudson's decision marked the first successful court challenge to any portion of the new law, following two earlier rulings in its favor by Democratic-appointed judges.
"An individual's personal decision to purchase — or decline to purchase — health insurance from a private provider is beyond the historical reach of the Commerce Clause," said Hudson, a 2002 appointee of President George W. Bush.
U.S. Supreme Court Justice Stephen Breyer has predicted an eventual hearing in the Supreme Court for the health insurance legislation.
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